Thomas v. Bruton

ORDER

HEMPHILL, District Judge.

This action was brought for the wrongful death of Kizer Ronald Thomas against Allen M. Bruton, Jr. and Allen M. Bruton, III. Thomas was fatally injured when struck by a truck operated by Allen Bruton, III, on Ocean Boulevard in Ocean Drive, South Carolina. The truck was used in the plumbing business in which the Brutons were partners. It is alleged that the death occurred as a result of the negligence of Allen Bruton, III, while operating the truck within the scope and course of his employment. The defendants answer by denial and by raising the defenses of sole…